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S.D.N.Y.Procedural orderFiled July 21, 2020

FEI Hong Kong Company Limited v. Globalfoundries, Inc.

Judge
Vyskocil
Docket
1:20-cv-02342
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In FEI Hong Kong v. Globalfoundries, Judge Vyskocil discontinued the action, allowing restoration by August 20, 2020 or making dismissal with prejudice.

Who this affects

FEI Hong Kong Company Limited and Globalfoundries, Inc. and the other defendants in the action.

What happened

FEI Hong Kong Company Limited sued Globalfoundries, Inc. and others. The complaint was filed on March 16, 2020, and the court later denied FEI Hong Kong’s application for a temporary restraining order.

After that denial, no filings were made in the case. The opinion does not describe the underlying claims or explain why the parties stopped filing.

Judge Mary Kay Vyskocil discontinued the action for failure to prosecute, without costs to any party. The action could be restored if an application was made by August 20, 2020; otherwise, the dismissal would be with prejudice.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
FEI Hong Kong Company Limited v. Globalfoundries, Inc. · No. 1:20-cv-02342
Judge
Vyskocil
Date
July 21, 2020

Background

FEI Hong Kong Company Limited filed the complaint on March 16, 2020, against Globalfoundries, Inc. and other defendants. FEI Hong Kong later applied for a temporary restraining order, which the court denied on March 23, 2020. The opinion states that nothing else had been filed in the case after that ruling.

Ruling

The court ordered that the action be discontinued for failure to prosecute, meaning the case was ended because the required activity or filings did not occur. The order imposed no costs on any party and stated that the action could be restored to the court’s calendar if an application to restore it was made by August 20, 2020. If no application was made by that date, the order stated that the dismissal would be with prejudice.

Disposition

Judge Mary Kay Vyskocil ordered the action discontinued for failure to prosecute, without costs and without prejudice to timely restoration. The order also specified that the dismissal would be with prejudice if no restoration application was made by August 20, 2020.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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